POJS RELATING TO U3AOS1 Flashcards
JUDGES STRENGTH AND LIM: POJS
STRENGTH:
fairness: judges are independent and impartial
equality: judges ensures the rules of evidence are consistent in all trials
access: judges can apply court rules to protect victims
LIMITATION:
fairness: judges can only explain court procedures and cannot assist self-represented people
equality: judges are only human, and may have a personal bias
access: judges may rely on the parties to present evidence
JURY STRENGTH AND LIM: POJS
STRENGTH:
fairness: reflects on communit values
equality: all accused who are charged with indictable offences are entitled by jury
LIMITATION:
fairness: the legal cases may be complex and can be hard to understand
equality: not all community members can be apart of jury (as they are disqualified or ineligible)
PROSECUTION/ACCUSED STRENGTH AND LIM: POJS
STRENGTH:
fairness: prosecution and accused are given the oppurtunity to present their case
equality: on and accused are given the oppurtunity to present their case - regrdless of personal characteristics
access: court will give guidance to people who are self-representing
LIMITATION
fairness: self-represented people may struggle to understand how to present evidence in the best light
equality: maybe in a disadvantag as they are unable to prresent ttheir whole case
access self-represented people may struggle to understand how to present evidence in the best light
IMPACT OF COSTS STRENGTHS AND LIM: POJS
STRENGTH:
fairness: VLA provides legal aid to those with low socioeconomic status with serious offences
equality: judges in county and supreme court can order VLA to provide lawyers for those who can’t afford it
access: VLA offers duty lawyers and grants
LIMITATIONS:
fairness:
- lack of affordable representation
- unbalanced representation can lead to unfair outcomes
equality: thoe who are not qualified for VLA, or cannot afford legal representation risks unequal treatment
access: VLA is limited-funding meaning some individuals of above low-encome requirements may not receive legal representation.
IMPACTS OF TIME STRENGTHS AND LIM: POJS
STRENGTHS:
fairness: plea negotiations encourages early resolution, further enhancing fairness
equality: plea negotiations ensure a resolution in a timely matter as accused people can enter a plea
access: judge-alone trials tend to be quicker, increasing access for othervictims
LIMITATIONS:
fairness: lost or unreliable evidence due to delays may lead to incorrect outcomes
equality: delays can be distressing for victims and accused individuals who have mental illnesses or disabilities
access: the longer the criminal trials the increase of cost, which makes justice less affordable for the accused
ABILITY FOR THE JUSTICE SYSTEM TO ACHIEVE POJS: CULTURAL DIFFERENCES
fairness: prosecution is responsible for presenting all relevant facts to ensure fairness, this approach helps overcome challenged faced by first-nations or non-australian born individuals. However language barries can make it difficult for non-english speakers (preventing them from govong reliable and accurate evidence as they don’t understand the justice system
equality: VLA offers free legal representation to all accused, including first nations people and migrants, if they meet a specific criteria (means test)= meaning if they do not meet the criteria they’ll have to self represent. first nation people and non-english-speaking migrants may struggle to present evidence affecting equal treatment
ACCESS: refugees/migrants do not trust the police, due to past, experienced in their home country leading them to underreporting crimes, affecting access in the justice system. Although Victorian Aboriginal Legal service provides specialised legal services and assitance to first nations people who live in victoria.
